
Book u *^ 



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THOMAS J. KIRK, Supt. 




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\^tatutes and ^^ mend ment. 



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STATE OF CALIFORNIA— DEPARTMENT OF PUBLIC INSTRUCTION 
THOMAS J. KIRK, Superintendent 



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3sy 



STATUTES AND AMENDMENTS TO THE CODES 



RELATING TO 



PUBLIC EDUCATION 



PASSED AT THE LEGISLATIVE SESSION OF 1905 




W. \V. SHANNON, 



SACRAMENTO: 

: : : : SUPERINTENDENT STATE PRINTING. 
1005. 



! ^1 5" 



AUG 4 iiJ09 









To School Officers: 

Owing to lack of funds, I find the reprinting of the entire 
school law out of the question. 

This pamphlet contains the amendments, in chapter form, 
passed by the Legislature at the session of 1905 and approved 
by the Governor. I have given the pages of the School Law 
upon which will be found the sections amended. The 
amended sections or acts may be cut from this pamphlet and 
substituted for the sections amended. 
Very truly yours, 

THOMAS J. KIRK, 

Superintendent of Public Instruction. 



STATUTES AND AMENDMENTS TO THE CODES 
RELATING TO PUBLIC EDUCATION. 



See School Law (edition of 1903), pages 9 and 10. 
CHAPTER CLXXXV. 

An act to amend section fifteen hundred and thirty-two of the 
Political Code, relating to the superintendent of puMic 
instruction. 

[Approved March 18, 1905.] 

The people of the State of California, represented in senate 
and assemhly, do enact as follows: 

Section 1. Section fifteen hundred and thirty-two of the 
Political Code is hereby amended to read as follows : 

Powers and duties. 

1532. It is the duty of the superintendent of public 
instruction : 

First — To superintend the schools of this state. 

Second — To report to the governor, on or before the fif- 
teenth day of September preceding each regular session of 
the legislature, a statement of the condition of the state normal 
schools and other educational institutions supported by the 
state and of the public schools. 

Third— To accompany his report with tabular statements, 
showing the number of school children in the state ; the 
number attending public schools, and the average attend- 
ance ; the number attending private schools, and the 
number not attending schools ; the amount of state school 
fund apportioned, and the sources from which derived; the 
amount raised by county, city and county and district taxes, 
or from other sources of revenue, for school purposes; and 
the amount expended for salaries of teachers, for building 
school houses, for district school libraries, and for incidental 
expenses. 



6 STATUTES AND AMENDMENTS TO THE CODES 

Apportionment of state school fund. 

Fourth — To apportion the state school fund; and to furnish 
an abstract of such apportionment to the state controller, the 
state board of examiners, and to the county and city and 
county auditors, county and city and county treasurers and to 
the county and city and county school superintendents of the 
several counties of the state. In apportioning said fund he 
shall apportion to every county and to every city and county 
two hundred fifty dollars ($250) for every teacher deter- 
mined and assigned to it on school census by the county or 
city and county school superintendent for the next preceding 
school year, as required of the county or city and county 
school superintendent by the provisions of section 1858 of 
this code, and after thus apportioning two hundred fifty dol- 
lars on teacher or census basis, he shall apportion the balance 
of the state school fund to the several counties or cities and 
counties according to their average daily attendance as 
shown by the reports of the county or city and county school 
superintendents for the next preceding school year. 

Fifth — To draw his order on the controller in favor of 
each county or city and county treasurer for school moneys 
apportioned to the county or city and county. 

Educational blanks. 

Sixth — To prepare, have printed, and furnish all officers 
charged with the administration of the laws relating to the 
public schools, and to teachers, such blank forms and books 
as may be necessary to the discharge of their duties, includ- 
ing blank teachers' certificates to be used by county and city. 
and county boards of education. 

Distribute school laws. 

Seventh — To have the laws relating to the public schools 
printed in pamphlet form, and to supply school officers and 
school libraries with one copy each. 

Visit orphan asylums. 

Eighth— To visit the several orphan asylums to which state 
appropriations are made, and examine into the course of 
instruction therein. 



RELATING TO PUBLIC EDUCATION. 7 

Visit schools— Expenses. 

Ninth — To visit the schools in the different counties, and 
inquire into their condition ; and the actual traveling expenses 
thus incurred {provided, that they do not exceed eighteen 
hundred dollars per annum) shall be allowed, audited, and 
paid out of the general fund in the same manner as other 
claims are audited and paid. 

Official seal. 

Tenth — To authenticate with his official seal all drafts or 
orders drawn by him, and all papers and writings issued 
from his office. 

Bind educational reports. 

Eleventh— To have bound, at the state bindery, all valuable 
school reports, journals, and documents in his office, or here- 
after received by him. 

Report to controller. 

Twelfth — To report to the controller, on or before the tenth 
day of July of each year, the total number of children in the 
state between the ages of five and seventeen years, as shown 
by the latest reports of the county and city and county super- 
intendents on file in his office. 

Deliver state property to successor. 

Thirteenth — To deliver over, at the expiration of his term 
of office, on demand, to his successor, all property, books, 
documents, maps, records, reports, and other papers belonging 
to his office, or which may have been received by him for the 
use of his office. 

Sec. 2. This act shall take effect and be in force from and 
after September 1st, 1905. 



O STATUTES AND AMENDMENTS TO THE CODES 

See School Law (edition of 1903), pages 11, 12, 13, 14 and 15. 

CHAPTER CDII. 

An act to amend section one thousand, five hundred and forty- 
three of the Political Code of the State of California, relat- 
ing to the general duties of school superintendents. 

[Approved March 20, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section one thousand, five hundred and forty- 
three of the Political Code of the State of California is hereby 
amended so a^ to read as follows: 

Powers and duties. 

1543. It is the duty of the county superintendent of 
each county: 

To superintend schools. 

First — To superintend the schools of his county. 

To apportion school money. 

Second — 1. To apportion the school moneys to each school 
district, as provided in section one thousand eight hundred 
and fifty-eight of this code, at least four times a year. For 
this purpose he may require of the county auditor a report of 
the amount of all school moneys on hand to the credit of the 
several school funds of the county not already apportioned; 
and it is hereby made the duty of the auditor to furnish such 
report when so required; and whenever an excess of money 
has accumulated to the credit of a school district by reason 
of a large census roll and a small attendance, beyond a rea- 
sonable amount necessary to maintain a school for eight 
months in such district for the year, the superintendent of 
schools shall place said excess of money to the credit of the 
unapportioned school funds of the county, and shall appor- 
tion the same as other school funds are apportioned. 

Lapsing of school districts. 

2. If in any school district there has been an average daily 
attendance of only five, or a number of pupils less than five, 



RELATING TO PUBLIC EDUCATION. 9 

during the whole school year, the superintendent shall at once 
suspend the district, and report the fact to the board of super- 
visors at their next meeting. The board of supervisors, upon 
receiving such report from the superintendent, shall declare 
the district lapsed, and shall attach the territory thereof to 
one or more of the adjoining school districts in such manner 
as may be by them deemed most convenient for the residents 
of said lapsed district. 

Ppopepty of lapsed districts. 

3. When any district has been declared lapsed, the board 
of supervisors shall sell or otherwise dispose of the property 
thereto belonging, and shall place the proceeds of such sale to 
the credit of the district. Thereupon the superintendent 
shall determine all outstanding indebtedness of said lapsed 
district, and shall draw his requisition upon the county aud- 
itor in payment thereof. Any balance of moneys remaining 
to the credit of said lapsed district shall be transferred by 
the superintendent to the unapportioned school funds of the 
county, and shall be apportioned as other school funds are 
apportioned. Should there not be sufficient funds to the 
credit of the lapsed district to liquidate all of the outstand- 
ing indebteliness thereof, the superintendent shall draw his 
requisition upon the county auditor pro rata for the several 
claims. 

Draw requisitions— Itemized statements. 

Third — On the order of the board of school trustees, or 
board of education of any city or town having a board of 
education, to draw his requisition upon the county auditor 
for all necessary expenses against the school fund of any 
district. The requisitions must be drawn in the order in 
which the orders therefor are filed in his office. Each 
requisition must specify the purpose for which it is drawn, 
but no requisition shall be drawn unless the money is in the 
fund to pay it, and no requisition shall be drawn upon the 
order of the board of school trustees or board of education 
against the funds of any district except the teachers' or jan- 
itors' salaries, unless such order is accompanied by an item- 
ized bill showing the separate items, and the price of each, in 
payment for which the order is dra^vn ; nor shall any requisi- 



10 STATUTES AND AMENDMENTS TO THE CODES 

tion for teachers' or janitors' salaries be drawn unless the 
order shall state the monthly salary of teacher or janitor, and 
name the months for which such salary is due. Upon the 
receipt of such requisition the auditor shall draw his warrant 
upon the county treasurer in favor of the parties for the 
amount stated in such requisition. 

Form of requisition or OFder. 

The order of the board of school trustees, or board of 
education, shall be made only on the form of blank prepared 
by the superintendent of public instruction, and when signed 
by at least two members of the board of trustees, or the 
officials authorized to sign orders for the board of education 
shall be transmitted to the superintendent, who shall, in case 
he approve said demand, indorse upon it, "Examined and 
Approved," together with the number and date when 
approved, and shall, in attestation thereof, affix his signature 
thereto, and deliver the same to the claimant, or his order, 
who shall transmit the same to the auditor, who shall, in case 
he allows said demand, indorse upon it, "Allowed," together 
with the number and date when allowed, and shall, in attes- 
tation thereof, affix his signature thereto, and deliver the same 
to the claimant; and said demand, when so approved, and 
signed by the superintendent, and when so allow^ed and 
signed by the auditor, shall constitute the requisition on the 
auditor, and the warrant on the treasury within the meaning 
of this act. 

Register of requisitions. 

Fourth — To keep open to the inspection of the public, a 
register of requisitions, showing the fund upon which the 
requisitions have been drawn, the number thereof, in whose 
favor, and for what purpose they were drawn, and also a 
receipt from the person to whom the requisition was delivered. 

Visit schools. 

Fifth — To visit and examine each school in his county at 
least once in each year. For every school not so visited the 
board of supervisors must, on proof thereof, deduct ten dol- 
lars from his salary. 



RELATING TO PUBLIC EDUCATION. 11 

Preside over institutes. 

Sixth — To preside over teachers' institutes held in his 
county, and to secure the attendance thereat of lecturers com- 
petent to instruct in the art of teaching, and to report to the 
county board of education the names of all teachers in the 
county who fail to attend regularly the sessions of the insti- 
tute ; to enforce the course of study, the use of text-books, and 
the rules and regulations for the examination of teachers 
prescribed by the proper authority. 

Issue temporary certificates. 

Seventh — He shall have pov^^er to issue, if he deem it proper 
to do so, temporary certificates, valid until the next semi- 
annual meeting of the county board of education, to persons 
holding certificates of like grade granted in other counties, 
cities, or cities and counties, or upon any certificates or diplo- 
mas upon which county boards are empowered to grant cer- 
tificates without examination, as specified in section seven- 
teen hundred and seventy-five; provided, that no person shall 
be entitled to receive such temporary certificate more than 
once in the same county. 

Distribute reports, etc. , 

Eighth — To distribute all laws, reports, circular^, instruc- 
tions, and blanks which he may receive for the use of school 
officers. 

Keep reports in his office. 

Ninth— To keep in his office the reports of the superintend- 
ent of public instruction. 

Keep records of official acts. 

Tenth— To keep a record of his official acts, and of all the 
proceedings of the county board of education, including a 
record of the standing, in each study, of all applicants exam- 
ined, which shall be open to the inspection of any applicant 
or his authorized agent. 

Approve plans for school buildings. 

Eleventh— Except in incorporated cities having boards of 
education, to pass upon and approve or reject all plans for 
school houses. To enable him to do so, all boards of trus- 



12 STATUTES AND AMENDMENTS TO THE CODES 

tees, before adopting any plans for school buildings, must 
submit the same to the county superintendent for his approval. 

Appoint school trustees, and janitors. 

Twelfth— To appoint trustees to fill all vacancies, to hold 
until the first day of July succeeding such appointment; 
when new districts are organized, to appoint trustees for the 
same, who shall hold office until the first day of July next 
succeeding their appointment. In case of the failure of the 
trustees to employ a janitor, as provided in section sixteen 
hundred and seventeen, subdivision seventh, of this code, he 
shall appoint a janitor, who shall be paid out of the school 
fund of the district. Should the board of school trustees of 
any district fail or refuse to issue an order for the compensa- 
tion for such service, the superintendent is hereby authorized 
to issue, without such order, his requisition upon the county 
school fund apportioned to such district. 

Report to the superintendent of public instruction. 

Thirteenth — To make reports, when directed by the super- 
intendent oi public instruction, showing such matters relat- 
ing to the public schools in his county as may be required of 
him. 

Deliver official records to successor. 

Fourteenth — To preserve carefully all reports of school 
office'rs and teachers, and, at the close of his official term, 
deliver to his successor all records, books, documents, and 
papers belonging to the office, taking a receipt for the same, 
which will be filed in the office of the county clerk. 

Grade schools. 

Fifteenth — The county superintendent shall, unless other- 
wise provided by law, in the month of July of each year grade 
each school, and a record thereof shall be made in a book to 
be kept by the county superintendent in his office for this 
purpose. And no teacher holding a certificate below the 
grade of said school shall be employed to teach the same. 

[In effect sixty days from date of approval.] 



: RELATING TO PUBLIC EDUCATION. 13 

See School Law (edition of 1903), pages 17 and 18. 

CHAPTER LVII. 

An act to amend section 1560 of the Political Code of the State 
of California, relating to the public schools. 

[Approved March 3, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section fifteen hundred and sixty of the Politi- 
cal Code is hereby amended to read as follows : 

Teachers' institute must be held annually— Joint may be held. 

1560. The superintendent of every county in which there 
are twenty or more school districts, and of every city and 
county in the state, must hold at least one teachers' institute 
m each year; aiid every teacher employed in a public school 
in the county must attend such institute, and participate in its 
proceedings; provided, that the superintendents of two or 
more counties, city and county, or cities may unite for the pur- 
pose of holding a joint institute or convention and may direct 
the teachers of their respective counties, city and county, or 
cities to attend the same in lieu of the county, city and county, 
or city institute, under the same conditions and compensations 
as herein provided for the county^ city and county, or city 
institute; provided, that the expense of such joint institute 
shall be borne equally by the counties participating therein, 
and the county auditor of each county participating in such 
joint institute shall draw his warrant in favor of the county 
superintendent upon requisition of said superintendent for 
such proportionate share of such county and the money paid 
thereon shall be applied to the expense of said joint institute ; 
provided further, that cities employing seventy or more teach- 
ers may have a separate institute to meet at least once a year, 
the sessions to be of not less than three nor more than five 
days; and provided further, that teachers attending such city 
institute shall not be required to attend the county institute. 
The expenses of such city institutes, not exceeding two 



14 STATUTES AND AMENDMENTS TO THE CODES 

hundred dollars annually, shall be paid from the special 
school funds of said city. 

Sec. 2. All acts and parts of acts in conflict with the pro- 
visions of this act are hereby repealed. 

[In effect sixty days from date of approval.] 



See School Law (edition of 1903), page 18. 

CHAPTER CXLVIII. 

An act to amend section 1564 of the Political Code of Cali- 
fornia, in regard to teachers' institutes. 

[Approved March 18, 1905.] 

The people of the State of California^ represented in senate 
and assembly, do enact as follows: 

Section 1. Section 1564 of the Political Code of Califor- 
nia is amended to read as follows: 

Institute expenses. 

1564. The county superintendent must keep an accurate 
account of the actual expenses of said institute, with vouchers 
for the same, and draw his requisition upon the county 
auditor, who shall draw his warrant on the unapportioned 
county school fund to pay said amount; provided, that any 
counties participating in joint institutes as provided by sec- 
tion 1560, such amount shall not exceed two hundred 
($200.00) dollars; and in counties that do not participate in 
such joint institutes, said amount shall not exceed three hun- 
dred ($300.00) dollars, for any one year. 

[In effect sixty days from date of approval.] 



RELATING TO PUBLIC EDUCATION. 15 

See School Law (edition of 1903), page 20, following Section 1576. 

CHAPTER CDX. 

An act to add a new section to the Political Code, to he known 
as section 1576a, providing for clerks of scliool hoards in 
certain cases, and for payment of their salaries. 

[Approved March 20, 1905.] 

The people of the State of California, represented in senate 
and assemhly, do enact as follows: 

Section 1. A new section is hereby added to the Political 
Code, to be known as section 1576a, to read as follows : 

Certain districts may employ a clerk. 

1576<x. In any school district organized under the pre- 
ceding section, and which is also a high school district, and 
which districts are governed by a board of three trustees, and 
which districts have, by the last preceding school census, a 
school population of more than fifteen hundred, the trustees 
may appoint a clerk, who shall not be one of their number, 
to act for both districts, to hold office during the pleasure of 
the board; and said board may fix his salary at a sum not 
exceeding twenty-five dollars per month for each district, 
which sum shall be paid in the same manner and from the 
same funds as other incidental expenses of the districts are 
paid. 

Sec. 2. This act shall take effect immediately. 



See School Law (edition of 1903), pages 20, 21. and 22. 

CHAPTER CCCXLIV. 

An act to amend section fifteen hundred and seventy-seven of 

the Political Code, relating to the formation of school 

districts. 

[Approved March 20. 1905.] 

The people of the State of California, represented in senate 
and assemhly, do enact as follows: 

Section 1. Section fifteen hundred and seventy-seven of 
the Political Code is hereby amended to read as follows: 



16 STATUTES AND AMENDMENTS TO THE CODES 

Formation of new school districts. 

1577. First— No new school district shall be formed at 
any other time than between the first day of October and the 
tenth day of February, nor at that time unless the parents or 
guardians of at least fifteen census children, residents of such 
proposed new district, and residing at a greater distance than 
two miles by a traveled road from the public school house in 
the district in which said parents or guardians reside, present 
a petition to the superintendent of schools, setting the bound- 
aries of the new district asked for; provided, that the pro- 
vision requiring the petitioners shall reside a distance of more 
than two miles by a traveled road from the said public school 
house may be dispensed with when the petition shall be signed 
by the parents or guardians of fifty or more census children 
residents of a district containing more than three hundred 
census children. 

Change of school district boundary. 

Second— The boundaries of a school district, except as pro- 
vided in section one thousand five hundred and fifty-one of 
the Political Code, shall be changed only between the first day 
of October and the tenth day of February in any year, and 
then only when at least ten heads of families residing in the 
districts affected by the proposed change of boundaries shall 
present to the superintendent of schools a petition setting 
forth the changes of boundaries desired, and the reasons for 
the same; provided, that two or more districts lying contigu- 
ous may at any time be united to constitute but one district, 
whenever a petition signed by a majority of the heads of 
families residing in each of said districts shall be presented 
to the superintendent of schools. 

Formation of joint school districts. 

Third— Joint districts (that is, districts lying partly in 
one county and partly in another) may be formed at any time 
between the first day of October and the tenth day of Febru- 
ary in any year, whenever a petition signed by the parents or 
guardians of at least fifteen census children, residents of such 
proposed joint district and residing at a greater distance than 
two miles by a traveled road from any public school house, 
shall be presented to the superintendent of each county 



RELATING TO PUBLIC EDUCATION. 17 

affected by tlie proposed formation of the joint district; and 
provided further, that the provision requiring that the peti- 
tioners shall reside a distance of more than two miles by a 
traveled road from any public school house may be dispensed 
with when the petition shall be signed by the parents or 
guardians of fifty or more census children residents of dis- 
tricts any one of which contains more than three hundred 
census children. All the provisions relative to the formation 
of joint districts shall be by concurrent action of the superin- 
tendent and the board of supervisors of each county affected; 
still further provided, that by concurrent action of the boards 
of supervisors and the county school superintendents, con- 
tiguous school districts or parts of such school districts lying 
in different counties may, on proper petitions as above 
required, be united to form a joint school district, and the 
school property within the territory thus united shall become 
the property of the newly formed joint school district. 

Pupils in newly formed school districts. 

Fourth — The children residing in any newly formed dis- 
trictj in any district whose boundaries have been changed, or 
in any joint district, shall be permitted to attend the school in 
the district or districts from which the newly formed district 
was constituted until the first day of July next succeeding the 
formation or change. 

Funds of districts uniting to be combined. 

Fifth— Whenever a district shall be united with a munici- 
pality or with another district, all funds belonging to said 
district shall br transferred, by requisition of the superintend- 
ent of the county upon the county auditor, to the municipality 
or district with which said district is united. 

Sec. 2. This act shall take effect and be in force from and 
after July 1, 1905. 



2-SL 



18 STATUTES AND AMENDMENTS TO THE CODES 

See School Law (edition of 1903), page 22. 

CHAPTER CCLXVIII. 

An act confirming the organization of school districts. 
[Approved March 18, 1905.] 

The 'people of the State of California, represented in senate 
and assembly, do enact as follows: 

Legalizing the formation of school districts. 

Section 1. All school districts in this state that for a 
period of five (5) years have been acting as school districts 
under the laws of this state, are hereby declared to be duly 
incorporated and to be bodies politic under the laws of this 
state, and as such school districts, under their appropriate 
names, shall have all the rights and privileges and be sub- 
jected to all of the duties and obligations of duly incorpor- 
ated school districts. 

Sec. 2. This act shall take effect immediately. 



See School Law (edition of 1903), page 24. 
CHAPTER LIV. 

An act to amend section 1593 of the Political Code of the State 
of California, (relating to the election of school trustees). 

[Approved March 3, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1, Section fifteen hundred and ninety-three of 
the Political Code of the State of California is hereby amended 
to read as follows : 

Date of election. 

1593. An election for school trustees must be held in 
each school district on the first Friday of April of each year, 
at the district school house, if there is one, and if there is 
none, at the place to be designated by the board of trustees. 



RELATING TO PUBIJC EDUCATION. 19 

Number of school trustees. 

1. The number of school trustees for any school district, 
except where city boards are otherwise authorized by law, 
shall be three. No person shall be deemed ineligible to the 
office of trustee on account of sex. 

Election of trustees in newly formed school districts. 

2. In new school districts the school trustees shall be elected 
on the first Friday of April subsequent to the formation of 
the district, to hold office for one, two and three years, 
respectively, from the first day of July next succeeding their 
election. 

Vacancies, how filled. 

3. \vhen a vacancy occurs from any of the causes specified 
in section nine hundred and ninety-six of this code, the 
county superintendent of schools shall appoint a suitable per- 
son to fill such vacancy until the first day of July next suc- 
ceeding the appointment, and a trustee shall be elected at the 
next April election, to hold office for the remainder of the 
term. 

Term of office. 

4. Except as provided in subdivision two and three of this 
section, one trustee shall be elected annually, to hold office 
for three years from the first day of July next succeeding his 
election, or until his successor shall be elected, or appointed, 
and qualified. 

Sec. 2. This act shall take effect, and be in force, from 
and after its passage. 

See School Law (edition of 1903), page -25. 

CHAPTER CCCLXI. 

An act to amend section 1598 of the Political Code of the 
State of California, prescribing the qualifications of electors 
voting for school trustees. 

[Approved March 20, 1905.] 

The people of the State of California, represented in senate 
and assenibhj, do enact as follows: 

Section 1. Section 1598 of the Political Code is liereby 
amended to read as follows : 



20 STATUTES AND AMENDMENTS TO THE CODES' 

Who are electors. 

1598. Every elector, resident of the school district, who 
is a qualified elector of the county, and who is registered in 
the precinct where the election is held at least thirty days 
before the election, may vote thereat. 

[In effect sixty days from date of approval.] 



See School Law (edition of 1903), page 25. 

CHAPTER CCCLXII. 

An act to amend section 1600 of the Political Code of the State 
of California, in regard to challenges of electors in elections 
for school trustees. 

[Approved March 20, 1905.] 

The people of the State of California, represented in sSnate 
and assembly, do enact as follows: 

Section 1. Section 1600 of the Political Code is hereby 
amended to read as follows: 

Who may be challenged. 

1600. Any person offering to vote may be chal- 
lenged by any elector of the district, and the judges of 
election must thereupon administer to the person challenged 
an oath, in substance as follows : ' ' You do swear that you 
are a citizen of the United States, that you are twenty-one 
years of age, that you have resided in this state one year, in 
this county ninety days, and in this school district thirty 
days preceding this election, and that your name is on the 
great register of this county, and was on the great register 
of a precinct in this school district at least thirty days before 
this election, and that you have not before voted this day." 
If he takes the oath prescribed in this section, his vote must 
be received, otherwise his vote must be rejected. 

[In effect sixty days from date of approval.] 



RELATING TO PUBLIC EDUCATION. 21 

See School Law (edition of 1903), page 27. 

CHAPTER LVIII. 

An act to amend section 1615 of the Political Code of the State 

of California, (relating to the organization of a new school 

distinct.) 

[Approved March 3, 1905.] 

The people of the State of California, represented in senate 
and assemhly, do enact as follows: 

Section 1. Section sixteen hundred and fifteen of the 
Political Code is hereby amended to read as follows : 

School trustees in newly formed districts. 

1615. First — "When a new district is organized, such of 
the trustees of the old district as reside within the boundaries 
of the new shall be trustees of the new district until the expi- 
ration of the time for which they were elected. 

School trustees in joint districts. 

Second — When joint districts are formed, three trustees 
shall be elected at the April election next succeeding the 
formation thereof, to hold office for one, two and three years, 
respectively, from the first day of July next succeeding their 
election. The terms of the trustees in the districts uniting to 
form the joint district shall expire on the formation of said 
joint district, and the superintendent of the county, in which 
lies the district having the greater number of census 
children shall appoint two trustees, and the superintendent 
of the county in which the other district lies shall appoint one 
trustee, to hold office until the first day of July next succeed- 
ing the formation of the joint district. 

Sec. 2. This act shall take effect and be in force from and 
after its passage. 



22 STATUTES AND AMENDMENTS TO THE CODES 

See School Law (edition of 1903), pages 58, 59 and 60. 

CHAPTER DLV. 

An act to amend section one tJiousand, six hundred and 
seventy-one of the Political Code of the State of California, 
relating to the estahlishment of high schools. 

[Approved March 21, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 1671 of the Political Code is hereby 
amended so as to read as follows; 

Formation and maintenance of county high schools. 

1671. First — There may be established in any county 
in this state one or more county high schools; provided, that 
at any general or special election held in said county after 
the passage of this act, a majority of all the votes east at 
such election, upon the proposition to establish a high school, 
shall be in favor of establishing and maintaining such county 
high school or schools at the expense of said county. 

When election may be held. 

Second — The board of supervisors at any general election 
to be held in any county after the passage of this act, upon 
the presentation of a petition signed by fifty or more qualified 
electors, taxpayers of said county, must submit the question 
of establishing and maintaining a county high school to the 
qualified electors thereof. The board of supervisors, if they 
deem it expedient, may order a special election for such pur- 
pose. Said election shall be conducted in the manner pre- 
scribed by law for conducting elections. The ballots at such 
election shall contain the words "For county high school," 
and the voter shall write or print thereafter on the ballot the 
word "yes" or the word "no. 



J ? 



Location of site. 

Third— If the majority of all the votes cast on the proposi- 
tion to establish a county high school are in the affirmative, it 
shall be the duty of the board of supervisors, within thirty 



RELATING TO PUBLIC EDUCATION. 23 

days after canvassing said vote, to locate the school in some 
suitable and convenient place in said county. The board of 
supervisors shall also estimate the cost of purchasing a suit- 
able lot, erecting a building, and furnishing the same, for the 
accommodation of such school, together with the cost of con- 
ducting such school for the next twelve months; provided, 
that the high school board may rent suitable rooms for the 
accommodation of the school. If rooms can be obtained in 
public school buildings in the place in which said school shall 
be located, such rooms shall be given the preference. 

Special tax for building and other purposes. 

Fourth — When such estimate shall have been made, the 
board of supervisors shall thereupon proceed to levy a special 
tax upon all of the assessable property of the county, except 
as provided in subdivision twentieth of section one thousand 
six hundred and seventy of the Political Code, sufficient to 
raise the amount estimated as necessary for the purchasing 
of a lot, procuring plans and specifications, erecting a build- 
ing, furnishing the same, fencing and ornamenting the 
grounds, and the cost of running said school for the following 
(12) months. Said tax shall be computed, entered on the 
tax roll, and collected, in the same manner as other taxes are 
computed, entered, and collected; and the amount so collected 
shall be deposited in the county treasury, and be known and 
designated as' the county high school fund, and shall be 
drawn from the treasury as other moneys so appropriated are 
drawn. 

Property deeded to the county board of education. 

Fifth — When the board of supervisors shall have properly 
provided and completed the building, together with the nec- 
essary fencing of the lot so purchased, they shall cause the 
same to be deeded to the county board of education, who 
shall hold the same in trust for the county. 

Board of education to estimate expenses for year. 

Sixth— It shall be the duty of the county board of education 
to furnish to the board of supervisors, annually, an estimate 
of the amount of money needed to pay all of the neces- 
sary expenses of running said school ; to adopt the necessary 
text-books (the state series shall be used in grades and classes 



24 STATUTES AND AMENDMENTS TO THE CODES 

for which they are adapted) ; to adopt and enforce a course of 
study for said schools; to employ suitable teachers, janitors, 
and other employes, and discharge such employes when deemed 
advisable by them, and to do any and all other things neces- 
sary to the proper conduct of the school. The course of study 
shall embrace a period not less than three years, and it shall 
be such as will prepare graduates therein for admission to the 
state university. 

Board of supervisors to levy high school tax. 

Seventh — It shall be the duty of the board of supervisors 
to include in their annual tax levy an amount sufficient to 
maintain the county high school; and such amount when col- 
lected and paid into the county treasury shall be known as 
the "county high school fund," and may be drawn therefrom 
in the following manner, for the purpose of defraying the 
expenses of conducting said county high school: The county 
board of education shall draw their order on the county super- 
intendent of schools, in the manner and form provided by 
law for school district trustees drawing orders on their dis- 
trict school funds, and the county superintendent shall draw 
his requisition on the auditor, who shall draw his warrant on 
the county treasurer in favor of the person or persons to 
whom the amount called for in such requisition is due. All 
orders, requisitions, and warrants drawn on the "countj^ high 
school fund," in all other respects, except as specified in this 
act, .shall be subject to the law governing school districts. 

More than one county high school may be established. 

Eighth — In case the qualified electors of any count^^ deem 
it expedient to establish and maintain more than one county 
high school, then such additional school or schools may be 
established and maintained in the manner prescribed in this 
act for establishing and maintaining a county high school. 

Students, whom admitted. 

Ninth — All county high schools shall be open for the admis- 
sion of graduates holding diplomas from the grammar schools 
of the county, and to all pupils of the county who can pass 
the examination for admission. The examination for admis- 
sion shall be conducted by the county board of education and 
the principal of the county high school. 



RELATING TO PUBLIC EDUCATION. 25 

i*rineipalof high school may act as principal of gpammar^school. 

Tenth — Nothing in this act shall be construed so as to pre- 
vent the principal of the high school from acting as principal 
of the grammar school of the school district in which the high 
school is located, if so desired by the trustees of said school 
district. 

Legalizing the formation of high schools. 

Eleventh — All proceeding for the formation and organiza- 
tion of high school districts and the establishment of county, 
city, city and county, union, joint union and district high 
schools had, prior to the passage and approval of this act, are 
hereby validated and declared legal, and said high school dis- 
tricts and high schools are hereby declared to be legally 
formed, organized and established; and in all cases where 
high school districts and high schools have heretofore been, 
or may hereafter be, formed, organized and established, the 
certificate of the county superintendent mentioned in subdi- 
vision four of section one thousand, six hundred and seventy 
of the Political Code when filed with the county clerk, when 
the result of the election as therein declared is in favor of 
the establishment of the high school, shall after the expiration 
of one year from the date of such filing be conclusive evidence 
that such high school district and high school has been legally 
established. 

Sec. 2. This act shall take effect immediately. 



See School Law (edition of 1903), pages 61, 62, 63, 64 and 65. 

CHAPTER LXV. 

An act creating a fund for the benefit and support of high 
schools and providing for its distribution, and repealing an 
act entitled "An act creating a fund for the benefit and 
support of high schools and providing for its distribution/^ 
approved March 2, 1903. 

[Approved March 6, 1905.1 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Time and manner of levying tax. 

Section 1. There is hereby levied annually for the fifty- 
fifth and fifty-sixth fiscal years, ending respectively June 
thirtieth, nineteen hundred and four, and June thirtieth. 



26 STATUTES AND AMENDMENTS TO THE CODES 

nineteen hundred and five, an ad valorem tax of one and one 
half cents upon every hundred dollars of the value of the 
taxable property of the state, which tax shall be collected by 
the several officers charged with the collection of state taxes, 
in the same manner and at the same time as other state taxes 
are collected, upon all and any class of property, which tax 
is for the support of regularly established high schools of the 
state. And it is further enacted that, beginning with the 
fifty-seventh fiscal year, to wit: July first, nineteen hundred 
and five, it shall be the duty of the state controller, annually, 
between the tenth day of August and the first day of Septem- 
ber, at the time that he is required to estimate the amount 
necessary for other school taxes, to estimate the amount 
necessary to be levied for the support of high schools. This 
amount he shall estimate by determining the amount required 
at fifteen dollars per pupil in average daily attendance in all 
the duly established high schools of the state for the last 
preceding school year, as certified to him by the state super- 
intendent of public instruction. This amount the state con- 
troller, between the dates above given, must certify to the 
state board of equalization. 

Duty of the state board of equalization. 

Sec. 2. The state board of equalization at the time when 
it annually determines and fixes the rate of state taxes to be 
collected, must declare the levy and the rate of tax for the 
support of state high schools in conformity with the pro- 
visions of section one of this act. 

Fund to be known as state high school fund. 

Sec. 3. The money collected as provided in sections one 
and two hereof, after deducting the proportionate share of 
expenses of collecting the same to which other taxes are sub- 
ject, must be paid into the state 4:reasury, to be by the state 
treasurer converted into a separate fund, hereby created, to 
be called the "State High School Fund." 

Apportioned to regularly established high schools. 

Sec. 4. The money paid into the state high school fund 
is hereby appropriated without reference to fiscal years for 
the use and support of regularly established state high schools 



RELATING TO PUBLIC EDUCATION. 27 

and is exempt from the provisions of part three, title one, 
article eighteen, of an act entitled ''An act to establish a 
Political Code," approved March twelfth, eighteen hundred 
and seventy two, relating to the state board of examiners. 

Manner of appoptioning this fund. 

3ec. 5. The money in said state high school fund shall be 
apportioned to the high schools of the state by the state super- 
intendent of public instruction in the following manner : He 
shall apportion one third of the annual amount among the 
county, district, city, union, or joint union high schools of the 
state, irrespective of the number of pupils enrolled or in aver- 
age daily attendance therein, except as hereinafter provided; 
the remaining two thirds of the annual amount he shall appor- 
tion among such schools pro rata upon the basis of average 
daily attendance as shown by the official reports of the county 
or city and county school superintendent for the last preced- 
ing school year; provided, that such high schools have been 
organized under the law of the state, or have been recognized 
as existing under the high school laws of the state and have 
maintained the grade of instruction required by law of the 
high schools; and provided, that no school shall be eligible to 
a share of said state high school fund that has not during the 
last preceding school year employed at least two regularly 
certificated high school teachers for a period of not less than 
one hundred and eighty days with not less than twenty pupils 
in average daily attendance for such length of time, except in 
newly established high schools wherein the minimum average 
daily attendance for the first year of one hundred and eighty 
days may be but twelve pupils and but one teacher; and pro- 
vided, that before receiving state aid, each school shall furnish 
satisfactory evidence to the superintendent of public instruc- 
tion of the possession of a reasonably good equipment of build- 
ing, laboratory, and library, and of having maintained, the 
preceding school year, proper high school instruction for a term 
of at least one hundred and eighty days ; provided further, that 
the foregoing provisions relating to the average daily attend- 
ance and the number of teachers employed shall not operate to 
disqualify any legally established high school existing at the 
date of the passage of this act from receiving a share of said 
state high school fund until July 1, 1904. 



28 STATUTES AND AMENDMENTS TO THE CODES 

Principals of high schools must make report. 

Sec. 6. The principal of every high school entitled to state 
aid in accord with the foregoing provisions shall annually at 
the close of the term and prior to receiving his last month's 
salary and as a prerequisite for such salary make out under 
oath and deliver to the county superintendent of the county 
or city and county wherein such high school is situated a full 
and complete report of said high school for the entire term or 
school year ; such report to show the number of pupils enrolled, 
the average daily attendance, number of teachers regularly 
employed, the courses of instruction pursued, and such other 
information as may be required by the superintendent of pub- 
lic instruction and the county superintendent of schools, the 
said report to be made upon blanks furnished by said superin- 
tendent of public instruction as other school report blanks are 
furnished; provided, that in the case of joint union high school 
districts the principals thereof shall report as above required 
to county superintendents of each of the counties having terri- 
tory within such joint union high school districts, and in such 
reports the statistics of attendance and other data for each 
county separately and collectively shall be given. 

Report of county superintendent. 

Sec. 7. The county superintendent of every county, or city 
and county, wherein is located a high school, or the building 
or buildings of a joint union high school, shall annually, at the 
time required for making reports of primary and grammar 
schools, make report under oath to the superintendent of pub- 
lic instruction^ showing the number of pupils enrolled, average 
daily attendance, number of teachers regularly employed, and 
such other information regarding the high schools of his 
county, or city and county, as he may deem proper, or as may 
be required by the superintendent of public instruction; said 
report to be made upon blanks furnished by the superintend- 
ent of public instruction. 

Fund to be used for teachers' salaries only. 

Sec. 8. It shall be the duty of the county or city and 
county superintendent of schools of every county, or city and 
county, wherein is located a high school, or the building or 
buildings of a joint union high school, on the order of the board 



RELATING TO PUBLIC EDUCATION. 29 

of trustees of such high school, to draw his requisition upon 
the county auditor against the funds of such high school, but 
no requisition shall be drawn unless the money is in the fund 
to pay itj and no requisition shall be drawn upon the order of 
the board of high school trustees or board of education against 
the state high school fund, except for teachers' salaries, and 
the order shall state the monthly salary of the teacher, and 
name the month or months for which such salary is due. Upon 
the receipt of such requisition the auditor shall draw his war- 
rant upon the county treasurer in favor of the parties for the 
amount stated in such requisition, and the county treasurer is 
hereby authorized to pay the same. 

Students, whom admitted— Tuition may be required. 

Sec. 9. High schools eligible to receive state aid as herein 
provided shall admit as students only such pupils as have 
completed the full course of instruction prescribed for the 
primary and grammar schools of the county, city or city and 
county wherein the high school is located, or an equivalent 
course, or such pupils as may show by thorough examination 
that their qualifications are equivalent to the requirements for 
graduation from said primarj^ and grammar school course; 
provided, that pupils otherwise qualified to enter a high school 
and residing in territory wherein no high school exists shall 
have the right to attend any high school that receives state aid 
under the provisions of this act without the payment of tuition 
fee, if such schools have room or accommodations for them ; 
further provided, that after July 1, 1905, a non-resident pupil 
shall, in the discretion of the high school board of the high 
school district where he attends, be required to pay a tuition 
fee to such school equal to the diflPerence between the cost per 
pupil for maintenance of such high school and the amount per 
pupil received during that school yesir by such high school 
from the state. 

Duty of state contPolleF and state treasurer. 

Sec. 10. The state controller must keep a separate account 
of the high school fund raised as provided in sections one 
and two of this act. He must on the first Monday in January 
and on the first ^Monday in July in every year repoi't to the 
superintendent of public instruction a statement of all moneys 



30 STATUTES AND AMENDMENTS TO THE CODES 

belonging to the state high school fund. He must draw 
his warrant on the state treasurer in favor of any county or 
city and county treasurer whenever such treasurer presents, 
with his indorsement, an order drawn by the superintendent 
of public instruction against the state high school fund, and 
the state treasurer is hereby authorized to pay the same; pro- 
vided, that in the case of counties having joint union high 
school districts the order of the superintendent of public 
instruction and the warrant of the state controller shall be in 
favor of the county treasurer of that county wherein the high 
school building or buildings are located or wherein the high 
school is being conducted. 

Duty of county treasurers. 

Sec. 11, It is hereby made the duty of the treasurer of 
every county, or city and county, that receives state money 
under the provisions of this act to place the same to the credit 
of the funds of the respective high schools of his county, or 
city and county, in accord with the apportionment made by 
the superintendent of public instruction, and to pay out the 
same according to the provisions of section eight of this act. 

Sec. 12. The act entitled "An act creating a fund for the 
benefit and support of high schools and providing for its dis- 
tribution," approved March 2, 1903, is hereby repealed. 

Sec. 13. This act shall take effect and be in force from 
and after July 1, 1905. 



See School Law (edition of 1903), pages 90, 91 and 92. 

CHAPTER CCCLXXXIII. 

An act to amend section seventeen hundred and seventy-five 
of the Political Code, relating to the granting of certificates 
hy county boards of education. 

[Approved March 20, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section seventeen hundred and seventy-five of 
the Political Code is hereby amended so as to read as follows : 

1775. (1) County boards of education may, without 
examination, grant certificates as follows : 



RELATING TO PUBLIC EDUCATION. 31 

High school eertifieates. 

(a) High school certificates: (1) To the holders of creden- 
tials approved by the state board of education in accordance 
with subdivision two of section fifteen hundred and twenty-one 
of this code; (2) To the holders of special credentials issued 
by said state board, in accordance with said subdivision ; 
(3) To holders of high school certificates issued by any county, 
or city and county, board of education in this state; (4) To 
holders of normal school diplomas accompanied by documents 
from the faculty of the state university, provided for in sub- 
division five of section fifteen hundred and three of this code. 

Grammar school eertifleates. 

(h) Grammar school certificates : To the holders of the fol- 
lowing credentials: (1) Life diplomas or certificates of any 
state ; provided, the state board of education in this state 
shall have decided that said diplomas or certificates represent 
experience and scholarship equivalent to the requirements for 
the elementaiy life diploma in California; (2) California state 
normal school diplomas, San Francisco city normal school 
diplomas heretofore granted, and other normal school diplo- 
mas ; provided, that the state board of education of this state 
shall have recommended the normal school issuing said diploma 
as being of equal rank with the state normal schools of Cali- 
fornia; (3) Diplomas from the University of California, or 
from any other university that shall be declared by the state 
board of education to be of equal rank with the University 
of California, when the holders have completed the prescribed 
course in the pedagogical department of the state university, 
or a pedagogical course that said state board sliall declare to 
be equivalent to such prescribed course, and have been recom- 
mended by the faculty of the university issuing such diploma ; 
(4) Grammar school or grammar grade certificates of any 
county, or city and county, of California. 

Kindergarten-primary certificates. 

(c) Kindergarten-primary certificates: (1) To the holders 
of kindergarten-primary certificates of any county, or city and 
county, of California; (2) To the holders of diplomas of 
graduation from the kindergarten department of any state 
normal school of this state; (3) To the holders of credentials, 



32 STATUTES AND AMENDMENTS TO THE CODES 

showing that the applicant has had professional kindergarten 
training in an institution approved by the state board of 
education, and also general education equivalent to the 
requirements for graduation from the kindergarten department 
of a California state normal school; (4) To the holders of 
special kindergarten certificates of any county or city and 
county of California granted prior to July 1, 1901; provided 
that the holders of such special kindergarten certificates have 
had at least two years' training in a kindergarten training 
school and have taught for a period of at least two years in a 
public kindergarten school in the county or city and county 
wherein such special kindergarten certificates were granted. 

Grammar school certificates on primary and examination in 
extra studies. 

(2) Grammar school certificates may be granted to the 
holders of primary grade certificates who shall pass satisfactory 
examinations in such branches as do not appear on their 
certificates, or in the record of the examination upon which the 
original certificate was granted. 

Certificates and diplomas valid— Renewal of certificates. 

(3) All certificates and diplomas now valid in California 
shall continue in force and effect for the full term for which 
they were granted. County boards of education may renew 
any certificate issued by them prior to the adoption of this 
law, and now in force, and may renew certificates granted by 
authority of this law. Renewed certificates shall be valid for 
a period equal to that for which they were originally granted. 

Permanent certificates. 

(4) When the holder of any certificate or state diploma shall 
have taught successfully in the same county, or city and county, 
for five years, the board of edilcation of such county, or city 
and county, may grant a permanent certificate of the kind and 
grade of the class in which said applicant has been teaching, 
valid in the county, or city and county, in which issued, during 
the life of the holder, or until revoked for any of the causes 
designated in subdivision four of section seventeen hundred 
and ninety-one of this code; provided, that such permanent 
certificate shall in no case be of a higher grade than the grade 



RELATING TO PUBLIC EDUCATION. 33 

of the certificate or state diploma on whicli the teaching has 
been done ; and for a permanent high school certificate twenty 
months of said teaching shall have consisted of regular high 
school work; and provided further, that a certificate when 
renewed the second time, or any time thereafter, shall become, 
by such renewal, a permanent certificate, if the holder of said 
certificate shall have complied with all of the conditions of this 
subdivision. 

Document granted on state university diploma or diplomats of 
accredited universities. 

(5) Whenever any holder of a diploma from the state uni- 
versity, or from any other university that shall be declared by 
the state board of education to be of equal rank with the 
state university, shall present, to said state board satisfactory 
evidence of having had two years' successful experience as a 
teacher, subsequent to graduation, accompanied by satisfactory 
evidence that such holder has completed the prescribed course 
in the pedagogical department of the University of California, 
or a pedagogical course equivalent thereto, the state board of 
education shall grant to the holder of said university diploma 
a document signed by the president and secretary of the state 
board, showing such fact, and said diploma, accompanied by 
said document of the state board attached thereto, shall become 
a permanent certificate of qualification to teach in any gram- 
mar or primary or high school in the state, valid until such 
time as the said document shall be revoked by said state board 
of education, for any of the causes shown in subdivision four 
of section seventeen hundred and ninety-one of this code. 

[In effect sixty days froDi date of approval.] 



3-Sii 



34 STATUTES AND AMENDMENTS TO THE CODES 

See School Law (edition of 1903), pages 97 and 98. 

CHAPTER CDLXYIII. 

An act to amend sections eighteen hundred and seventeen, 
eighteen hundred and eighteen and eighteen hundred and 
twenty of the Political Code, all relating to county and city 
and county school tax. 

[Approved March 21, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section eighteen hundred and seventeen of the 
Political Code is hereby amended to read as follows : 

Estimated by county superintendent. 

1817. The county superintendent of every county, and 
of every city and county, must, at least fifteen days before 
the first day of the month in which the board of supervisors 
of such county, or city and county, is required by law to levy 
the amount, of taxes required for county, or city and county 
purposes, furnish to the board of supervisors and to the 
auditor, respectively, an estimate in writing of the minimum 
amount of countj^ or city and county school fund needed for 
the next ensuing school year. This amount he must compute 
as follows: 

Must estimate number of teachers. 

First : The county superintendent of every county and of 
every city and county must ascertain in the manner provided 
for in subdivisions one and two of section 1858, of the Polit- 
ical Code, the total number of teachers for the county, or the 
city and count^^ 

Minimum amount must be $550 per teacher, or $7 per census 
child. 

Second: The county superintendent of every county and 
of every city and county must calculate the amount required 
to be raised at five hundred and fifty dollars per teacher. 
From this amount he must deduct the total amount received 
from state apportionments for the next preceding school year 



RELATING TO PUBLIC EDUCATION. 35 

and the remainder shall be the minimum amount of county, 
or city and county school fund needed for the ensuing school 
year; provided, that if this amount is less than sufficient to 
raise a sum equal to seven dollars for each census child in the 
county, or city and county, then the minimum amount shall 
be such a sum as will be equal to seven dollars for each cen- 
sus child in the county, or city and county; but in no case 
shall the rate of tax levied for county or city and county 
school purposes in any one year exceed fifty cents on each 
one hundred dollars of taxable property in the county or city 
and county. 

Sec. 2. Section eighteen hundred and eighteen of the 
Political Code is hereby amended to read as follows: 

Tax levied by board of supervisors. 

1818. The board of supervisors of every county or city 
and county must annually, at the time and in the manner of 
levying other county or city and county taxes, levy and cause 
to be collected for the county or city and county school fund a 
tax, to be known as the county or city and county school tax, 
the maximum rate of which must not exceed fifty cents on 
each one hundred dollars of taxable property in the county 
or city and county, nor the minimum rate be less than suffi- 
cient to raise the minimum amount estimated to be raised by 
the county superintendent of any county, or of any city and 
county, in accordance with the provisions of section eighteen 
hundred and seventeen of the Political Code. 

Minimum tax rate— How determined. 

The supervisors must determine the minimum rate of the 
county or city and county school tax as follows: 

They must deduct fifteen per cent from the equalized value 
of the last general assessment roll and the amount required 
to be raised divided by the remainder of the assessment roll, 
is the rate to be levied; but if any fraction of a cent occur, it 
must be taken as a fuU cent on each one hundred dollars. 

Special fund for payment of teachers' salaries. 

{a) In every county, or city and county, constituting but 
one school district, a portion of the school funds for any 
fiscal year subsequent to the present fiscal year oqiinl in 



36 STATUTES AND AMENDMENTS TO THE CODES 

amount to the sum total of teachers' salaries for the next pre- 
ceding fiscal year payable out of the school fund in question, 
shall constitute a special fund, to be used only for the pay- 
ment of teachers' salaries as hereinafter provided, and to be 
known as the teachers' salary fund; provided, that no portion 
of any school fund consisting of moneys which are applica- 
ble exclusively to some special purpose defined by statute 
other than the payment of teachers' salaries shall be deemed 
a part of such school fund for the purposes of this act. Out 
of the teachers' salary fund shall be paid the salaries of all 
teachers holding in the fiscal year positions which existed in 
the preceding fiscal year. No other demands whatsoever 
shall be paid out of such fund. If, by any increase in the 
rate of salaries, or for any other cause, such fund should be 
insufficient to pay all of the salaries which constitute demands 
against it such fund shall be divided pro rata among such 
demands, and the portion of such demands unpaid shall be 
payable out of any available money in the school fund of 
vfhich said teachers' salary fund constitutes a part. If 
teachers' positions other than or in addition to those which 
existed in the preceding fiscal year are created, the salaries 
of teachers holding such different or additional positions shall 
not be paid out of the teachers' salary fund, but out of any 
other available moneys; but the amount of such salaries shall 
be included in determining the amount of the teachers' salary 
fund for the succeeding fiscal year. If there remain in any 
fiscal, year any money in any teachers' salary fund after the 
payment of all legal demands for such year against such fund, 
such money so remaining shall be transferred to the general 
school fund of which said teachers' salary fund is a part, and 
shall become available for the payment of any unpaid law- 
ful demands against such general fund. It shall be the duty 
of any officer whose duty it is to audit demands against the 
school fund of any such county, or city and county in this 
state, on or before the first Monday of the fiscal year, to file 
with the board of supervisors of such county, or city and 
county, and with the officer whose duty it is to pay demands 
against the school fund of any such county, or city and 
county, a certified copy of the statement made by him of the 
amount of money used in such county, or city and county, for 



RELATING TO PUBLIC EDUCATION. 37 

the payment of teachers' salaries for the next preceding fiscal 
year, and no demands against the school funds of such county, 
or city and county", shall be allowed, audited, or paid until 
said copies shall have been filed, as aforesaid. The allow- 
ance, audit, or payment of any demand out of a teachers' 
salar}^ fund in violation of this act, may be enjoined by the 
suit of any teacher whose salary is payable from said fund. 
The members of the governing body of any such county, or 
city and county, in this state, who shall pass a demand against 
said teachers' salary fund in violation of the provisions of this 
act, and any officer whose duty it is to audit demands against 
such fund and who shall audit a demand against such 
teachers' salary fund in violation of the provisions of this 
act, and any officer whose duty it is to pay demands against 
such funds, and who shall pay a demand against said teachers' 
salary fund in violation of this act, shall each be jointly and 
severally liable therefor to any teacher whose salary is pay- 
able from said fund who shall have been damaged by the 
allowance, audit, and payment of such demand. 

Sec. 3. Section eighteen hundred and twenty of the Polit- 
ical Code is hereby amended to read as follows: 

Must be paid into county school fund. 

1820. All moneys derived from this tax in each county, 
or city and county, must be paid into the treasury thereof to 
the credit of the school fund. 

Sec. 4. This act shall take effect and be in force from and 
after its passage. 



See School Law (edition of 1903), pages 102 and 103. 
CHAPTER LXIV. 

An act to amend section eighteen hundred and -fifty-eight of 

the Political Code, relating to the apportionment of school 

funds. 

[Approved March 6, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section eighteen hundred and fiftj'-eiglit of the 
Political Code is hereby amended to read as follows : 



38 STATUTES AND AMENDMENTS TO THE CODES 

County supepintendent must apportion money. 

1858. The school superintendent of every county and 
city and county must apportion all state and county school 
moneys for the primary and grammar grades of his county 
or city and county as follows : 

Method of determining" the number of teachers. 

1st. He must ascertain the number of teachers each school 
district is entitled to by calculating one teacher for every dis- 
trict having seventy or a less number of census children and 
one additional teacher for each additional seventy census 
children, or fraction of seventy not less than twenty census 
children, as shown by the next preceding school census ; and 
in cities or districts wherein separate classes are established 
for the instruction of the deaf, as provided in section sixteen 
hundred and eighteen of this code, an additional teacher for 
each nine deaf children, or fraction of such number, not less 
than five, actually attending such classes; provided, that all 
children in any asylum^ and not attending the public schools. 
of whom the authorities of said asylum are the guardians, 
shall not be included in making the estimate of the number of 
teachers to which the district in which the asylum is located is 
entitled. 

Must report the number of teachers to the superintendent of 
public instruction. 

2nd. He must ascertain the total number of teachers for the 

county or city and county by adding together the number of 

teachers so allowed to the several districts. And he must at 

the time of making his annual report of the school census of 

his county or city and county, as provided in section 1551 of 

the Political Code, report to the superintendent of public 

instruction, under oath, the number of teachers ascertained 

and so allowed to his county or city and county by the rule or 

provisions of subdivision first hereof applied to said school 

census. 

Method of apportionment. 

3rd. Five hundred fifty dollars shall be apportioned to 
every school district for every teacher so allowed to it; pro- 
vided, that to districts having over 'seventy or a multiple of 
seventy school census children and a fractiou of less than 
twenty census children, there shall be apportioned twenty-five 
dollars for each census child in said fraction. 



RELATING TO PUBLIC EDUCATION. 39 

4tli. All school moneys remaining on hand after apportion- 
ing to the school districts the moneys provided for in subdi- 
vision three of this section, must be apportioned to the several 
districts in proportion to the average daily attendance in each 
district during the preceding school year: provided, that for 
any newly organized school district where school was not 
maintained during the year in which the school census was 
taken, the average daily attendance shall be such percentage 
of the average daily attendance of the old district or districts 
from which its territory was taken as the census of the new 
district is of the old and new districts combined. The county 
superintendent shall deduct from the average daily attend- 
ance of the old district or districts the average daily attend- 
ance of the new district as above determined. Census chil- 
dren, wherever mentioned in this chapter shall be construed 
to mean those between the ages of five and seventeen years. 

Certain funds may be boppowed fop the benefit of school distpiets. 

5th. Whenever in any school year, prior to the receipt by 
the counties, cities, or cities and counties of this state, of their 
state, county, or city, or high school fund, the school districts 
or cities or cities and counties shall not have sufficient money 
to their credit to pay the lawful demands against them, the 
county, city, or city and county superintendent shall give the 
treasurer of said county, city or city and county, an estimate 
of the amount of school money that will next be paid into the 
county, city, or city and county treasury, stating the amount 
to be apportioned to each district. Upon the receipt of such 
estimate it shall be the duty of the treasurer of said county, 
city, or city and county, to transfer from any fund not imme- 
diately needed to pay the claims against it, to the proper 
school fund, an amount not to exceed ninety per cent of the 
amount estimated by the superintendent, and he shall innne- 
diately notify the superintendent of the amount so ti'ans- 
ferred. The funds so transferred to the school fund shall be 
re-transferred by the treasurer to the fund from which they 
were taken, from the first money paid into the school fund 
after the transfer. 

Sec. 2. This act shall take efi'ect and be in force iiunio- 
diately after its passage. 



40 STATUTES AND AMENDMENTS TO THE CODES 

See School Law (edition of 1903), pages 112 and 113. 

CHAPTER CXCYI. 

An act to amend section eighteen hundred and eighty-three of 
the Political Code relating to the manner of conducting 
elections for issuance of honds in school districts. 

[Approved March 18, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section eighteen hundred and eighty-three of 
the Political Code is hereby amended to read as follows : 

Conducting elections— Ballot must be stamped. 

1883. Such election shall be conducted in conformity to 
the provisions of sections one thousand five hundred and 
ninety-six, one thousand five hundred and ninety-seven, one 
thousand five hundred and ninety-eight, one thousand five 
hundred and ninety-nine, one thousand six hundred, one thou- 
sand six hundred and one and one thousand eight hundred 
and thirty-four, except that the words to appear upon the 
ballots shall be "Bonds — Yes" and ''Bonds — No"; and 
except further that persons voting at such bond elections 
shall put a cross (X) upon their ballots, with pencil or ink, 
after the words "Bonds — Yes" or "Bonds — No" (as the case 
may be) to indicate whether they have voted for or against 
the issuance of bonds. 

[-In effect sixty days from date of approval.] 



See School Law (edition of 1903), page 118. ISfeiv Act. 

CHAPTER CXX. 

Ail act to provide for the registration of bonds issued by com- 
mon school, high school, or union high school districts. 

[Approved March 18, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Certain bonds may be pegistered. 

Section 1. Whenever the owner of any coupon bond, or 
of any bond payable to bearer, already issued or hereafter 
issued by any common school, high school, or union high 



RELATING TO PUBLIC EDUCATION. 41 

school districts dow or hereafter existing in this state, shall 
present any such bond to the treasurer or other officer of 
the county in which said district is located, who by law per- 
forms the duties of treasurer, with a request for the conver- 
sion of such bond into a registered bond, such treasurer, or 
such other officer, shall cut off and cancel the coupons of any 
such coupon bond so presented, and shall stamp, print or 
write upon such coupon bond, or such other bond payable to 
bearer, so presented, either upon the back or upon the face 
thereof, as may be convenient, a statement to the effect 
that the said bond is registered in the name of the owner, 
and that thereafter the interest and principal of said bond 
are payable to the registered owner. Thereafter, and from 
time to time any such bond may be transferred by such regis- 
tered owner in person, or by attorney duly authorized on 
presentation of such bond to such treasurer, or such other 
officer, and the bond be again registered as before, a similar 
statement being stamped, printed, or written thereon. 
Such statement stamped, printed, or written upon such 
bond may be in substantially the following form : 

(Date, giving month, year, and day.) 
This bond is registered pursuant to the statute in such 

cases made and provided in the name of (here 

insert name of owner) and the interest and principal 
thereof are hereafter payable to such owner. 



Treasurer (or such other officer). 

After any bond shall have been registered as aforesaid, 
the principal and interest of such bond shall be payable to 
the registered owner. Such treasurer, or such other officer, 
shall keep in his office a book or books which shall at all 
times show what bonds aro registered and in whose names 
respectively. 

Sec. 2. Whenever under any statute or law of this state 
any bonds are issued, whether the proceedings for the issu- 
ance of such bonds have been had in whole or in part prior 
to the enactment of this statute, or whether the same liave 
been had in whole or in part after the enactment of this 
statute, such bonds may be issued either in the form of cou- 
pon bonds, or in the form of registered bonds, or some in the 



ji 



42 STATUTES AND AMENDMENTS TO THE CODES 

form of coupon bonds, and some in the form of registered 
bonds, as has been or hereafter may be provided in the 
proceedings for the issuance of such bonds, and notwith- 
standing any language or provision to the contrary 'con- 
tained in any such statute authorizing the issuance of the 
bonds, or in any other law of the state. The provisions 
of section one of this act shall apply to coupon bonds, so 
issued, as well as to other coupon bonds, or other bonds 
payable to bearer. 

[In effect sixty days from date of approval.] 



See School Law (edition of 1903), pages 119, 125. 

CHAPTER XXXI. 

An act to amend section 1489 of- the Political Code relating to 

state normal schools. 

[Approved February 28, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 1489 of the Political Code is hereby 
amended to read as follows : 

Powers and duties of normal sehool boards. 

1489. The powers and duties of each board of trustees 
are as follows : 

1. To elect a secretary, who shall receive such salary (not 
to exceed one hundred and fifty dollars per annum) as may 
be allowed by the board; 

2. To prescribe rules for their government and the gov- 
ernment of the school ; 

3. To prescribe rules for the report of officers and teachers 
of the school, and for visiting other schools and institutions ; 

4. To provide for the purchase of school apparatus, furni- 
ture, stationery, and text-books for the use of pupils ; 

5. To establish and maintain model and training schools of 
the primary and grammar grades, and, in their discretion, of 
the kindergarten grade, and to require the students of the 
normal schools to teach and instruct classes therein ; 



RELATING TO PUBLIC EDUCATION. 43 

6. To elect the president of the school, ar-d to elect the 
teachers, upon their nomination by the president of the school, 
fix their salaries, and prescribe their duties: provided, that 
after the president or a teacher has served successfully and 
acceptably in the school for the period of two years prior to 
or after the passage of this act, his or her appointment there- 
after may, at the discretion of the board of trustees, be made 
for a term not to exceed four years, unless removed for cause : 

7. To control and expend all moneys appropriated for the 
support and maintenance of the school, and all moneys 
received for tuition or donations; 

8. To cause a record of all their proceedings to be kept, 
which shall be open to public inspection at the school; 

9. To keep open to public inspection an account of receipts 
and expenditures; 

10. To annually report to the state superintendent of pub- 
lic instruction a statement of their transactions, and of all 
matters pertaining to the school: 

11. To transmit with such report a copy of the president's 
annual report; 

12. To revoke any diploma by them granted, on receiving 
satisfactory evidence that the holder thereof is addicted to 
drunkenness, is guilty of gross immoral it}^, or is reputedly 
dishonest in his dealings ; provided, that such person shall have 
at least thirty days' previous notice of such contemplated 
action, and shall, if he ask it, be heard in his own defense. 

[In effect sixty days after date of approval.] 



See School Law (edition of 1903), page 128. 

CHAPTER XCIV. 

An act to amend section ten of an act entitled ^'An act to 
estaMish a Political Code," approved March 12, 1872, relat- 
ing to holidays. 

[Approved March 10, 1905.] 

The people of the State of California, represented in senate 
and assembly f do enact as follows: 

Section 1. Section ten of the said act to establish a Polit- 
ical Code is hereby amended so as to read as follows : 



44 STATUTES AND AMENDMENTS TO THE CODES 

Holidays. 

10. Holidays, within the meaning of this code, are every 
Sunday, the first day of January, the twenty-second day of 
February, the thirtieth day of May, the fourth day of July, 
the ninth day of September, the first Monday in September, 
the twenty-fifth day of December, every day on which an 
election is held throughout the state, and every day appointed 
by the president of the United States or by the governor of 
this state for a public fast, thanksgiving or holiday. If the 
first day of January, the twenty-second day of February, the 
thirtieth day of May, the fourth day of July, the ninth day 
of September or the twenty-fifth day of December fall upon 
a Sunday, the Monday following is a holiday. Every Sat- 
urday from twelve o'clock noon until twelve o'clock midnight 
is a holiday as regards the transaction of business in the pub- 
lic offices of this state, and also in political divisions thereof 
where laws, ordinances, or charters provide that public offices 
may be closed on holidays; provided, this shall not be con- 
strued to prevent or invalidate the issuance, filing, service, 
execution, or recording of any legal process or written instru- 
ment whatever on such Saturday afternoons. 

Sec. 2. All acts and parts of acts, so far as they conflict 
with this act, are hereby repealed. 



See School Law (edition of 1903), page 138. ^Neio Act. 
CHAPTER DXIV. 

An act to add a new section to the Penal Code, to 'be numbered 
three hundred and ninety-seven b, relating to the sale, giv- 
ing or delivering of intoxicating liquors to minor children 
and to the preventing of minor children from visiting 
saloons or public houses where intoxicating liquors are sold. 

[Approved March 21, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. A new section is hereby added to the Penal 
Code, to be numbered three hundred and ninety-seven b, and 
to read as follows: 



RELATIXG TO PUBLIC EDUCATION. 45 

Selling" liquop to minors a misdemeanop. 

3976. Every person who sells, gives or delivers to any 
minor child, male or female, under the age of eighteen years, 
any intoxicating drink in any quantity whatsoever, or whOj 
as proprietor or manager of any saloon or public house where 
intoxicating liquors are sold, permits any such minor child 
under the age of eighteen years, to visit said saloon or public 
house where intoxicating liquors are sold, shall be guilty of a 
misdemeanor, and shall, upon conviction thereof, be punished 
by a fine of not more than three hundred dollars, or by 
imprisonment in the county jail for a period not exceeding 
one hundred and fifty days, or by both such fine and imprison- 
ment ; provided, that this section shall not apply to the parents 
of such children, or to guardians of their wards. ^ 

[In effect sixty days after date of approval.] 



See School Law (edition of 1903), page 138. (Section renumbered.') 

CHAPTER Dili. 

A71 act to amend and renumher section six hundred and fifty- 
four, as approved 3Iarch 30, 1874, of the Penal Code, relat- 
ing to the abuse of teachers of the public schools. 

[Approved :March 21, 1905.] 

The people of the State of California, represented in senate 
and asse7nbly, do enact as follows: 

Section 1. Section six hundred and fifty-four of the Penal 
Code, approved March 30, 1874, is hereby renumbered and 
amended to read as follows: 

Abusing teachers a misdemeanor. 

6536. Every parent, guardian, or other person who 
upbraids, insults, or abuses any teacher of the public schools, 
in the presence or hearing of a pupil thereof, is guilty of a 
misdemeanor. 



46 STATUTES AND AMENDMENTS TO THE CODES 

See School Law (edition of 1903). pages 140 and 141. 

CHAPTER CCCXXXIII. 

An act to amend an act entitled ''An act to enforce the educa- 
tional rights of children and providing 'penalties for viola- 
tion of the act." Approved March 24th, 1903. 

[Approved March 20, 1905.] 

The people of the State of California, represented in senate and 
assemhly, do enact as follows: 

Section 1. Section 1 of "An act to enforce the educational 
rights of children and providing penalties for violation of the 
act" approved March 24th, 1903, is hereby amended so as to 
read as follows : 

Each child must attend school. 

Section 1. Unless excused as hereinafter provided, each 
parent, guardian, or other person, in the State of California, 
having control or charge of any child between the ages of eight 
and fou.rteen years, shall be required to send such child to a 
public school, during the time in which a public school shall be 
in session, in the city or city and county or school district in 
which said child resides ; provided, that should it be shown 
to the satisfaction of the board of education of the city or 
city and county, or of the board of trustees of the school dis- 
trict, in which such child resides, that the child's bodily or 
mental condition is such as to prevent or render inadvisable 
attendance at school, or application to study, a certificate from 
any reputable physician that the child is not able to attend 
school, or that its attendance is inadvisable, must be taken as 
satisfactory evidence by any such board, or that such child is 
being taught in a private school, or by a private tutor, or at 
home by any person capable of teaching, in such branches as 
are usually taught in the primary and grammar schools of 
this state; or that any such child between the age of twelve • 
and fourteen years has been given a permit to work by the 
proper judicial officer in accordance with section 2 of ''An act 
regulating the employment and hours of labor of children, 
prohibiting the employment of minors under certain ages, 
prohibiting the employment of certain illiterate minors, provid- 
ing for the enforcement hereof by the commissioner of the 



RELATING TO PUBLIC EDUCATION. 47 

bureau of labor statistics and providing: penalties for the vio- 
lation hereof, ' ' approved February 20, 1905 ; or that no 
public school is located within two miles, by the nearest trav- 
eled road, of the residence of the child; or that the child has 
completed the prescribed grammar school course ; then it shall 
be the duty of such board of education or board of trustees, 
upon application of the parent, or guardian, or other person 
having the control or charge of such child, to excuse such 
child from attendance at school, during the continuance of 
such defect or condition upon which such excuse is granted: 
and provided further, that circumstances rendering attend- 
ance impracticable or dangerous to health, owing to 
unusual storm or other sufficient cause, shall work an exemp- 
tion from the penalties of this act. If any parent or guardian 
or other person having control or charge of any such child 
presents proof to such board of education or board of trustees. 
by affidavit, that he is unable to compel such child to attend 
school, said parent, guardian, or other person shall be exempt 
from the penalties of this act, as regards the subsequent 
non-attendance at school of such child, and said child may, in 
the discretion of such board, be deemed a truant and subject 
to assignment to the parental school. 

[In effect sixty days from date of approval.] 



See School Law (edition of 1903), page 150. yew Act. 

CHAPTER XVIIL 

An act regulating the employment and hours of labor of children — 
prohibiting the employment of minors under certain ages — pro- 
hibiting the employment of certain illiterate minors — providing 
for the enforcement hereof by the commissioner of the bureau 
of labor statistics and p^roviding penalties for the violation 
hereof. — [Approved February 20, 1905.] 

The people of the State of California, represented in senate 
and assembly, do enact as folloivs: 

Children under eighteen must not work more than nine hours 

per day. 

Section 1. No minor under the age of eighteen shall be 

employed in laboring in any manufacturing, mechanical, or 

mercantile establishment, or other place of labor, more than nine 



48 STATUTES AND AMENDMENTS TO THE CODES 

hours in one day, except when it is necessary to make repairs 
to prevent the interruption of the ordinary running of the 
machinery, or when a different apportionment of the hours of 
labor is made for the sole purpose of making a shorter day's 
work for one day of the week; and in no case shall the hours of 
labor exceed fifty-four hours in a week. 

Minors must not work at night. 

Sec. 2. No minor under the age of sixteen years shall be 
employed or permitted to work in any mercantile institution, 
office, laundry, manufacturing establishment, or workshop, 
between the hours of ten o'clock in the evening and six o'clock 
in the morning. 

Minors under fourteen must not work, except on eertifieate. 

No child under fourteen years of age shall be employed in any 
mercantile institution, office, laundry, manufacturing establish- 
ment, workshop, restaurant, hotel, apartment house, or in the 
distribution or transmission of merchandise or messages. 

Provided that the judge of the juvenile court of the county, 
or city and county, or in any county or city and county 
in which there is no juvenile court, then any judge of the 
superior court of the county, or city and county in which such 
child resides, shall have authority to issue a permit to work to 
any such child over the age of twelve years, upon a sworn state- 
ment being made to him by the parent of such child that such 
child is past the age of twelve years, that the parents or parent of 
such child are incapacitated for labor, through illness, and after 
investigation by a probation officer or truant officer of the 
city, or city and county, in which such child resides, or in 
cities and counties where there are no probation or truant 
officers, then by such other competent persons as the judge 
may designate for this purpose. The permit so issued shall 
specify the kind of labor and the time for which it is is'sued, 
and shall in no case be issued for a longer period than shall 
seem necessary to the judge issuing such permit. Such per- 
mit shall be kept on file by the person, firm or corporation 
employing the child therein designated, during the term of 
said employment, and shall be given up to said child upon 
his quitting such employment. Such certificate shall be 
always open to the inspection of the truant and probation 



RELATING TO PUBLIC EDUCATION. 49 

officers of the city and county, city or county, in which the 
place of employment is situated or of the officers of the state 
bureau of labor statistics. 

Minor may work in vacation on eeptificate. 

And provided that any such child, over the age of twelve 
years, may be employed at any of the occupations mentioned 
in this act during the regular vacation of the public schools of 
the city, county, or city and county in which the place of 
employment is situated, upon the production of a permit signed 
by the principal of the school which such child has attended 
during the term next preceding any such vacation. Such per- 
mit shall contain the name and age of the child to whom it is 
issued, and the date of the termination of the vacation for which 
it is issued, and shall be kept on file by the employer during 
the period of emplo3^ment, and at the termination of such 
employment shall be returned to the child to whom it was 
issued. 

Certifleate of prineipal permit to work. 

No minor who is under sixteen years of age shall be employed 
or permitted to work at any gainful occupation during the 
hours that the public schools of the city, town or school district 
in which his place of employment is situated are in session, 
unless he or she can read English at sight and can write legibly 
and correctly simple English sentences, or unless he or she is a 
regular attendant for the then current term at a regularly 
conducted night school. A certificate of the principal of such 
school shall be held to be sufficient evidence of such attendance. 

Certificates must be posted by firm. 

Sec. 3. Every person, firm, or corporation employing minors 
under eighteen years of age, in any manufacturing establish- 
ment, shall post, and keep posted, in a conspicuous place in 
every room where such help is employed, a written or printed 
notice stating the number of hours per day for each day of the 
week required of such persons. 

Record of age, etc., must be kept. 

Every person, firm, corporation, agent or officer of a firm or 
corporation employing or permitting minors under sixteen 
years and over fourteen years of age to work in any mercantile 

4— SL 



50 STATUTES AND AMENDMENTS TO THE CODES 

institution, office, laundry, manufacturing establishment, work- 
shop, restaurant, hotel, apartment house, or in the distribution 
or transmission of merchandise or messages, shall keep a record 
of the names, ages, and places of residence of such minors, and 
shall have on file a certificate of age and schooling, as provided 
in this act, for every such minor so employed, said record and 
certificate to be open at al] times to the inspection of those 
whose duty it is to enforce the provisions of the act. 

Superintendent of schools may approve eertifieates. 

An age and schooling certificate shall be approved only by 
the superintendent of schools of the city or city and county, 
or by a person authorized by him, in writing, or where there 
is no city or city and county superintendent of schools, by a 
person authorized by the local school trustees; provided that 
the superintendent or principal of any school of recognized 
standing shall have the right to approve an age and schooling 
certificate, and shall have the same rights and powers as the 
superintendent of public schools to issue the certificate herein 
provided, for children attending such schools. The persons 
authorized to issue age and schooling certificates shall have the 
authority to administer the oaths necessary for carrying out 
the provisions of this act, but no fee shall be charged for issu- 
ing such certificates. 

An age and schooling certificate shall not be approved unless 
satisfactory evidence is furnished by the last school census, the 
certificate of birth or baptism of such child, the public register 
of birth of such child, or in some other manner, that such child 
is of the age stated in the certificate. 

Duplicate copy of eertifleate must be kept. 

A duplicate copy of each age and schooling certificate granted 
under the provisions of this, act shall be kept by the person 
issuing such certificate, such copy to be filed with the county 
superintendent of schools in the county where the certificate 
was issued, provided that all such copies of certificates issued 
between June 25th and December 25th of any year shall be 
filed not later than December 31st of such year, and those issued 
between December 25th and June 25th of the ensuing year 
shall be filed not later than June 30th of each year. Such cer- 
tificate shall be substantially in the following form, to wit: 



RELATING TO PUBLIC EDUCATION. 51 

Age and Schooling Certificate. 

This certifies that I am the (father, mother, or guardian) 
of (name of child), and that (he or she) was born at (name 
of town or city), in the county of (name of county) (if known) 
and state (or country) of (name), on the (day and year of 
birth), and is now (number of years and of months) old. 

Signature as provided in this act. 
Town or city, and date. 

There personally appeared before me the above named 
(name of person signing) and made oath that the foregoing 
certificate by (him or her) signed is true to the best of (his or 
her) knowledge and belief. 

I hereby approve the foregoing certificate of (name of child) 
height (feet and inches), complexion (fair or dark), hair 
(color), having no sufficient reason to doubt that (he or she) 
is of the ao;e therein certified, and I hereby certify that (he or 
she) can or can not read English at sight, and can or can not 
write legibly simple sentences in the English language. 

Signature of the person authorized to sign, with his official 
character and authority. 

Town or city, and date. 

This certificate belongs to, the person in whose behalf it is 
drawn, and it shall be surrendered to (him or her) whenever 
(he or she) leaves the services of the person, firm, or corporation 
holding the same. 

The certificate as to the birthplace and age of the minor 
under sixteen and over fourteen years of age shall be signed by 
his father, his mother, his guardian; if a child has no father, 
mother, or guardian living in the same city or town, his own 
signature to the certificate may be accepted by the person 
authorized to approve the same. 

Every person authorized to sign the certificate prescribed by 
" this act, who knowingly certifies to any false statement therein, 
is guilty of a misdemeanor and upon conviction thereof shall 
be fined not less than five nor more than fifty dollars, or 
imprisoned not more than thirty days, or by both such fine 
and imprisonment. 

Sec. 4. Any person, firm, corporation, agent, or officer of a 
firm or corporation that violates or omits to comply with any 
of the foregoing provisions of this act, or that employs, or 



52 STATUTES AND AMENDMENTS TO THE CODES 

sulTers, or permits any minor to be employed in violation 
thereof, is guilty of a misdemeanor and shall, on conviction 
thereof be punished by a fine of not less than fifty dollars or 
more than two hundred dollars, or by imprisonment for not 
more than sixty days, or by both such fine and imprisonment, 
for each and every offense. A failure to produce any age and 
schooling certificate or permit, or to post any notice required 
by this act, shall be prima facie evidence of the illegal employ- 
ment of any person whose age and schooling certificate or 
permit is not produced, or whose name is not so posted. Any 
fine collected under the provisions of this act shall be paid inta 
the school funds of the county, or city and county, in which 
the offense occurred. 

Sec. 5. Nothing in this act shall be construed to prohibit 
the employment of minors at agricultural, horticultural, viti- 
cultural or domestic labor, during the time the public schools 
are not in session, or during other than school hours. 

Sec. 6. It shall be the duty of the commissioner of the 
bureau of labor statistics to enforce the provisions of this act. 
But any person may lay an information before a magistrate of 
the commission of any public offense defined in this act. 

Sec. 7. This act shall take effect sixty days after its pas- 
sage. 



LEAg'09 



f 



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f 



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